David K. Taylor | Buildsmart There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I… Continue reading Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to Make Your Arbitrator Happy at the End of a Hearing
Month: August 2021
Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Amandeep Kahlon | Bradley Arant Boult Cummings When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide… Continue reading Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Mediating (and Settling) Real Property Cases
Ann T. Marshall | JAMS Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, [1] boundary disputes, unrecorded instruments, probate matters, lien validity, forgeries, mistaken legal descriptions, insurance coverage, the Uniform Commercial Code, and claims… Continue reading Mediating (and Settling) Real Property Cases
Policyholder Permitted to Videotape Appraisal
Maria Louise (Ria) Cousineau | Property Insurance Law Observer In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company appraiser, despite the state’s “two-party consent law.” The court held that an appraiser… Continue reading Policyholder Permitted to Videotape Appraisal
Construction Delays: Which Method Should Be Used to Calculate Delay?
David Adelstein | Florida Construction Legal Updates If you need to prove and allocate construction project delays, you should engage a scheduling consultant qualified with CPM (critical path method) analysis. You should also engage counsel to assist in preserving your rights, as well as presenting and maximing your arguments for delay. There are numerous methodologies used to… Continue reading Construction Delays: Which Method Should Be Used to Calculate Delay?